By MELANTHIA MITCHELL, THE ASSOCIATED PRESS

Published 10:00 pm, Thursday, January 4, 2007

FORT LEWIS -- An Army lieutenant who called the Iraq war illegal and refused to deploy with his Stryker Brigade has a constitutional right to debate such political issues, his lawyer said during a pretrial hearing Thursday.

Seeking to reduce charges against 1st Lt. Ehren Watada, lawyer Eric Seitz of Honolulu said the soldier should not be penalized for statements he made explaining why he was challenging the Bush administration's reason for going to war and refusing to deploy to Iraq.

Watada is charged with missing movement after refusing to deploy with his unit, the 3rd Brigade, 2nd Infantry Division.

The Army also proceeded with charges of conduct unbecoming an officer for statements he made to journalists and at a veterans convention.

Seitz urged the military judge to drop the latter charges.

"He should not face another four years of penalties because he chose to explain his reasons for opposing the war," Seitz told Lt. Col. John Head, the military judge overseeing Watada's case here.

Army prosecutors argued that Watada's statements are offensive to the military and must be looked at in the context in which they were made and the effects they could have.

They also said the comments could pose a danger to the military's mission.

"The dividing line and what makes it more disgraceful is the fact that he made it to more than one person," Capt. Daniel Kuecker said.

Watada, 28, refused to go to Iraq June 22 with his Stryker Brigade after conducting research and deciding the war was illegal.